Opinion
DA 23-0152
07-11-2023
ESTATE OF GARY JOSEPH FRIESE, Plaintiff, Counter-Defendant and Appellant, v. MARY ANN FORD, Defendant, Counter-Plaintiff and Appellee.
ORDER
Appellant Estate of Gary Joseph Friese (Estate) moves this Court to dismiss this appeal without prejudice. Through counsel, the Estate contends that this appeal was filed by the Estate's personal representative, acting pro se, and newly obtained counsel has determined that further proceedings are necessary at the District Court. The Estate requests dismissal without prejudice. Appellee Mary Ann Ford has responded in opposition to the Estate's motion, alleging the Estate must provide greater detail as to what proceedings it believes are necessary.
We are satisfied with the Estate's request and see no reason to maintain this appeal at this juncture.
IT IS HEREBY ORDERED that this appeal is DISMISSED WITHOUT PREJUDICE.
The Clerk is directed to provide a copy of this Order to all parties of record.